SB 245-1_ Filed 02/07/2013, 12:23 ChairPerson
Adopted 2/7/2013
COMMITTEE REPORT
MADAM PRESIDENT:
The Senate Committee on Judiciary, to which was referred Senate Bill No. 245, has had the
same under consideration and begs leave to report the same back to the Senate with the
recommendation that said bill be AMENDED as follows:
SOURCE: Page 1, line 1; (13)CR024501.1. -->
Page 1, delete lines 1 through 17.
Delete pages 2 through 3, begin a new paragraph and insert:
SOURCE: IC 10-13-6-8; (13)CR024501.1. -->
"SECTION 1. IC 10-13-6-8, AS AMENDED BY P.L.142-2005,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 8. (a) The superintendent may establish a data
base of DNA identification records of:
(1) convicted criminals;
(2) persons arrested for:
(A) burglary (IC 35-43-2-1);
(B) residential entry (IC 35-43-2-1.5);
(C) a crime of violence (as defined in IC 35-50-1-2); or
(D) a sex offense (as defined in IC 11-8-8-5.2);
(2) (3) crime scene specimens;
(3) (4) unidentified missing persons; and
(4) (5) close biological relatives of missing persons.
(b) The superintendent shall maintain the Indiana DNA data base.
(c) The superintendent may contract for services to perform DNA
analysis of:
(1) convicted offenders; and
(2) persons arrested for:
(A) burglary;
(B) residential entry;
(C) a crime of violence; or
(D) a sex offense;
under section 10 of this chapter to assist federal, state, and local
criminal justice and law enforcement agencies in the putative
identification, detection, or exclusion of individuals who are subjects
of an investigation or prosecution of a sex offense, a violent crime, or
another crime in which biological evidence is recovered from the crime
scene.
(d) The superintendent:
(1) may perform or contract for performance of testing, typing, or
analysis of a DNA sample collected from a person described in
section 10 of this chapter at any time; and
(2) shall perform or contract for the performance of testing,
typing, or analysis of a DNA sample collected from a person
described in section 10 of this chapter if federal funds become
available for the performance of DNA testing, typing, or analysis.
(e) The superintendent shall adopt rules under IC 4-22-2 necessary
to administer and enforce the provisions and intent of this chapter.
(f) The detention, arrest, or conviction of a person based on a data
base match or data base information is not invalidated if a court
determines that the DNA sample was obtained or placed in the Indiana
DNA data base by mistake.
SOURCE: IC 10-13-6-10; (13)CR024501.2. -->
SECTION 2. IC 10-13-6-10, AS AMENDED BY P.L.173-2006,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 10. (a) This section applies to the following:
(1) A person arrested after June 30, 2013, for burglary,
residential entry, a crime of violence, or a sex offense, as
described in section 8(a)(2) of this chapter.
(1) (2) A person convicted of a felony under IC 35-42 (offenses
against the person) or IC 35-43-2-1 (burglary):
(A) after June 30, 1996, whether or not the person is sentenced
to a term of imprisonment; or
(B) before July 1, 1996, if the person is held in jail or prison
on or after July 1, 1996.
(2) (3) A person convicted of a criminal law in effect before
October 1, 1977, that penalized an act substantially similar to a
felony described in IC 35-42 or IC 35-43-2-1 or that would have
been an included offense of a felony described in IC 35-42 or
IC 35-43-2-1 if the felony had been in effect:
(A) after June 30, 1998, whether or not the person is sentenced
to a term of imprisonment; or
(B) before July 1, 1998, if the person is held in jail or prison
on or after July 1, 1998.
(3) (4) A person convicted of a felony, conspiracy to commit a
felony, or attempt to commit a felony:
(A) after June 30, 2005, whether or not the person is sentenced
to a term of imprisonment; or
(B) before July 1, 2005, if the person is held in jail or prison
on or after July 1, 2005.
(b) A person described in subsection (a) shall provide a DNA
sample to the:
(1) department of correction or the designee of the department of
correction if the offender is committed to the department of
correction;
(2) county sheriff or the designee of the county sheriff if the
offender is held in a county jail or other county penal facility,
placed in a community corrections program (as defined in
IC 35-38-2.6-2), or placed on probation, or released on bond;
(3) agency that supervises the person, or the agency's designee, if
the person is on conditional release in accordance with
IC 35-38-1-27; or
(4) law enforcement agency that processes the person, in the
case of a person arrested for burglary, residential entry, a
crime of violence, or a sex offense.
A person is not required to submit a blood sample if doing so would
present a substantial and an unreasonable risk to the person's health.
(c) The detention, arrest, or conviction of a person based on a data
base match or data base information is not invalidated if a court
determines that the DNA sample was obtained or placed in the Indiana
DNA data base by mistake.
(d) The officer, employee, or designee who obtains a DNA
sample from a person under this section shall:
(1) inform the person of the person's right to DNA
expungement under section 18 of this chapter; and
(2) provide the person with a form that may be used for DNA
expungement.
SOURCE: IC 10-13-6-18; (13)CR024501.3. -->
SECTION 3. IC 10-13-6-18 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 18. (a) A person whose
DNA profile has been included in the Indiana DNA data base may
request expungement of the profile from the DNA data base on the
grounds that:
(1) the conviction on which the authority for inclusion in the
Indiana DNA data base was founded has been reversed and the
case has been dismissed;
or
(2) the person was arrested for burglary, residential entry, a
crime of violence, or a sex offense, as described in section
8(a)(2) of this chapter, and:
(A) the person was acquitted of all felony charges;
(B) all burglary, residential entry, crime of violence, or sex
offense charges in the case have been dismissed; or
(C) thirty (30) days have passed since the person's arrest
and no burglary, residential entry, crime of violence, or sex
offense charges have been filed against the person.
(b) All identifiable information in the Indiana DNA data base
pertaining to a person requesting expungement under subsection (a)
shall be expunged, and all samples from the person shall be destroyed,
upon receipt of:
(1) a
written request for letter or form requesting expungement
under subsection (a);
(2) a certified copy of
the a court order,
or other evidence
sufficient to establish or permit the superintendent to
establish that:
(A) reversing all of the person's felony convictions have
been reversed and dismissing the conviction, or dismissed,
as described in subsection (a)(1);
(B) the person has been acquitted of all felony charges, as
described in subsection (a)(2)(A);
(C) all burglary, residential entry, crime of violence, or sex
offense charges in the case have been dismissed, as
described in subsection (a)(2)(B); or
(D) thirty (30) days have passed since the person's arrest
and no burglary, residential entry, crime of violence, or sex
offense charges have been filed against the person, as
described in subsection (a)(2)(C); and
(3) any other information necessary to ascertain the validity of the
request.
(c) Upon expungement of a person's DNA profile from the Indiana
DNA data base, the superintendent shall request expungement of the
person's DNA profile from the national DNA data base.".
SOURCE: Page 4, line 1; (13)CR024501.4. -->
Page 4, delete lines 1 through 5.
Renumber all SECTIONS consecutively.
(Reference is to SB 245 as introduced.)
and when so amended that said bill do pass.
Committee Vote: Yeas 5, Nays 2.
____________________________________
Steele CR024501/DI 106 2013